This is a VERY complicated subject with many layers to it. But I still belieeve in looking at the chain of events leading up to a foreclosure and who was responsible for what...Before I do though, let me say the Banks, Mortgage Lenders, RE Agents, Originators, etc acted in the most despicable manner possible. The greed and shady practices were absolutely horrific and I feel like I need a shower whenever I think about it.
1. Selection of a Property:ME/RE Agent
2. Mortgage App/ Appraisal: ME/Mortgage Co, Bank, or however you got your loan/Appraisal Co
3. Contract/Close/Funding: ME/My Attorney/RE Agent/Bank/Mortgage Co
4.Occupancy: ME
5. Refinance: If applicable: ME/Bank/Mortgage Co
4.Default at some point: ME
5. Attempt at a workout/modification: ME and whoever has my loan at this point
6. Foreclosure action: ME/Bank/Attorney
7. Bank Possession if ruled by Judge: ME/Attorney for all parties/Judge
The first 4 steps is where I think people had the duty and obligation to be aware of what they were getting into. When people go to a used car lot they come ready to negotiate with kelly blue book and all the facts ready to go. they arent going to be "hustled" and they are going to read all the fine print, ask a thousand questions, call for the manager, walk out, and do every other thing possible to get the best deal for themselves...So I ask at the loan application stage, WHAT THE FUCK HAPPENED???? How were people able to quailfy for homes they KNEW they couldnt afford??? I see this part as the crux of the whole issue...Why did they get "huslted" at this point?? Thats where I say if someone altered documents after the fact then they need to be held accountable. But if I signed a mortgage app that I PURPOSELY lied on, then how is anything that happens after that anyones fault but my own???
I could keep going with this but my eyes are starting to hurt. Banks are greedy. We know that. They also answer to shareholders and I know I dont want my financial stocks tanking.
What's the deal with the RX website, several times since last weekend, I simply couldn't get into the website, and one of them was late last night, not exactly prime traffic time. Anyway, I understand what you're saying, and even given that the Golden Rule applied a lot (the man with the Gold, makes the Rules), if Mr. Banker says Joe Blow can afford a house with payments of X, Joe, who already may be chasing the American dream, can pretty easily have his judgment knocked askew. But I must admit, the first time I saw one of those Option 4 mortgages, and saw that one option was paying LESS than interest only, I said, WTF?!?!?! You're supposed to be getting equity, not going deeper into the hole each month, and I'm not for a moment saying homeowners aren't somewhat at fault. But, in my eyes, the banks are the 49ers and the public is Denver in that 55-10 Superbowl: THEY engaged what in courts would call entrapment, THEY got bailed out with our money, plus got paid by insurance companies in the bargain, THEY packaged and sold off the notes to foreign investors, which they shouldn't have done and weren't allowed to do, and now are trying to get paid, potentially for the third time on the same house, and kicking people to the curb in the process. Sorry, to me, it's not even a close call. And if there is an economical and legal method to get a loan out of my name, off my record, and not fuck up my credit for the next decade, Brother, I'm there with bells on. Avoiding the expense of going to court (and not being at the mercy of crooked ass judges) is a nice bonus. The method gives banks 7 opportunities to speak up and prove the homeowner is a "re-nigging(sic) little bitch" and the whole crux of the procedure is, silence is acquiescence. So, if they wanna keep their lips buttoned when they could, if they chose to, "clear" themselves, then let 'em reap the whirlwind. And, btw, in your "whose fault is it by my own" deal, let's say I bought a FSBO (For Sale By Owner) house from somebody, and he showed me an inflated appraisal (that I later found was prepared by his cousin), told me the house was tip top when in fact had lots of problems, forged his wife's signature because she didn't wanna be a part of it and was out of down, and he carried a balloon that was made up primarily of the inflated price, when I found all this out, would I feel like a schmuck for not using an agent or doing my due diligence? You bet your ass I would. Would I feel obliged to pay off that balloon to him? You bet your ass I wouldn't.